Section 23.20.295. Rates for successors in business.

   (a) When an employing unit, whether or not an employer within the meaning of AS 23.20.520, succeeds to or acquires substantially all of the operating assets of an organization, trade, or business of another employing unit which at the time of acquisition was an employer subject to this chapter, the payroll records of the predecessor employer shall be transferred as of the date of acquisition to the successor employer for the purpose of determining an employer's qualifying period and for all other purposes of rate determination.
   (b) If the successor employer was an employer subject to this chapter before the date of acquisition, the rate of contributions for the remainder of the calendar year of acquisition is the successor employer's rate for the period immediately preceding the date of acquisition; the rate for the succeeding years is based on the total of the successor employer's payrolls consolidated with those of the predecessor.
   (c) If the successor was not an employer before the date of acquisition, the rate is the rate applicable to the predecessor employer for the period immediately preceding the date of acquisition provided there was only one predecessor or there were only predecessors with identical rates.  If the predecessor rates were not identical, the successor's rate is the highest rate applicable to any of the predecessor employers with respect to the period immediately preceding the date of acquisition.
   (d) This section does not apply to an acquisition, transfer of a trade or business, or transfer of an employers' workforce conducting the trade or business if the acquisition or transfer is determined by the commissioner
        (1) to have been primarily for the purpose of obtaining a more favorable rate of contributions under AS 23.20.280 - 23.20.310;
        (2) to be inequitable to the parties;
        (3) to be contrary to the public interest; or
        (4) to be a violation of 42 U.S.C. 503(k) (SUTA Dumping Prevention Act of 2004).

Authorities

23.20.297

Notes

Implemented As

8 AAC 85.292

References

8 AAC 85.292
AS 23.20.297 Special standards addressing transfers of experience and assignment of rates.

History

(Sec. 11 ch 60 SLA 1960; am Sec. 2 ch 27 SLA 2006)